[IAG-WHOIS conflicts] Discussion paper for 1 April 2015 meeting

Wed May 6 14:31:09 UTC 2015

The record cannot be successfully contradicted.  And we spent a lot of time
in EWG deliberations on this specific issue.

Here's the thing. ICANN knows that there are issues with the RAA and
national laws, specifically those related to RDDS vs. privacy in the EU
theatre of operations.  This is the basis for the waiver process.

Here's what makes me go 'um....'.  You would have thought that instead of
the one-by-one approach to granting waivers for a well-known and thoroughly
ventilated area at issue, an institutional response towards generally
conserving the efficacy of the RAA would have been devised long ago;
something in line towards establishing this 'balance'.

The PPSAI mechanisms to be established helps. But it is a cutout. We can
only hope that the EWG's recommendations for this area are embraced since
they offer some hope of relief.

-Carlton Samuels

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================

On Wed, May 6, 2015 at 3:13 AM, James Gannon <james at cyberinvasion.net>
wrote:

>  Steve,
>
> I made a point of the google doc that there is a huge imbalance, the final
> decision-making rests with ICANNS General Council so why can’t we have
> something approaching parity, why can’t a registrar have counsel advise
> them and have that sent to ICANNs counsel as the trigger? I still don’t see
> the national bodies, with power of enforcement, issuing letters saying they
> intend to enforce the law ever happening. It’s an unreasonable request.
>
>
>
> -James Gannon
>
>
>
>
>
> *From:* whois-iag-volunteers-bounces at icann.org [mailto:
> whois-iag-volunteers-bounces at icann.org] *On Behalf Of *Metalitz, Steven
> *Sent:* Wednesday, May 06, 2015 1:08 AM
> *To:* 'Jamie Hedlund'; whois-iag-volunteers at icann.org
> *Subject:* Re: [IAG-WHOIS conflicts] Discussion paper for 1 April 2015
> meeting
>
>
>
> Jamie and IAG-WHOIS colleagues,
>
>
>
> In response to Jamie’s paper, and the limited discussion we were able to
> have about it on last month’s call, please see attached some ideas for an
> alternative trigger mechanism aimed at meeting the “credible demonstration
> of legal prevention” threshold set by the ICANN consensus policy on this
> topic.
>
>
>
> I look forward to discussing this on tomorrow’s call, which I will
> endeavor to attend as much as I can, although it conflicts directly with
> another obligation on my calendar.
>
>
>
> Steve Metalitz
>
>
>
>
>
>
>
> *From:* Jamie Hedlund [mailto:jamie.hedlund at icann.org
> <jamie.hedlund at icann.org>]
> *Sent:* Tuesday, March 31, 2015 5:17 PM
> *To:* Metalitz, Steven; whois-iag-volunteers at icann.org
> *Subject:* Re: Discussion paper for 1 April 2015 meeting
>
>
>
> Steve,
>
>
>
> Thanks for pointing out the overlap. You are absolutely correct on all
> points. The discussion paper tries to tee up for discussion whether a
> package of verification elements that did not include notice of a process
> against an operator could meet the "credible demonstration of legal
> prevention" threshold. That package might include advice from the relevant
> GAC member, opinion from the ICANN GC, evidence of enforcement or intent to
> enforce the conflicting national privacy law, public comment and/or
> something else. Hope that makes sense.
>
>
>
> Look forward to tomorrow’s call. Thanks.
>
>
>
> Best,
>
> Jamie
>
>
>
> Jamie Hedlund
>
> VP, Strategic Programs
>
> Global Domains Division
>
> ICANN
>
> +1.202.374.3969 (m)
>
> +1.202.570.7125 (d)
>
> jamie.hedlund at icann.org
>
>
>
> *From: *<Metalitz>, Steven Metalitz <met at msk.com>
> *Date: *Tuesday, March 31, 2015 at 5:02 PM
> *To: *Jamie Hedlund <jamie.hedlund at icann.org>, "
> whois-iag-volunteers at icann.org" <whois-iag-volunteers at icann.org>
> *Subject: *RE: Discussion paper for 1 April 2015 meeting
>
>
>
> Thanks for this discussion paper, Jamie, it should be helpful in framing
> our discussion tomorrow.
>
>
>
> As one aspect of the discussion tomorrow we should take a look at the
> existing procedure, as there may be some overlap with what you are
> proposing.  For example, see section 2.1.2 of the current procedure:
>
>
>
> 2.1.2 Pursuant to advice from ICANN's Governmental Advisory Committee,
> ICANN will request advice from the relevant national government on the
> authority of the request for derogation from the ICANN WHOIS requirements.
>
>
>
> Of course, the touchstone remains “credible demonstration of legal
> prevention,” which is the standard adopted by the community and articulated
> in the policy, which the procedure that we have been asked to review is
> intended to implement.
>
>
>
> Steve Metalitz
>
>
>
> *From:* whois-iag-volunteers-bounces at icann.org [
> mailto:whois-iag-volunteers-bounces at icann.org
> <whois-iag-volunteers-bounces at icann.org>] *On Behalf Of *Jamie Hedlund
> *Sent:* Monday, March 30, 2015 1:27 PM
> *To:* whois-iag-volunteers at icann.org
> *Subject:* [IAG-WHOIS conflicts] Discussion paper for 1 April 2015 meeting
>
>
>
> All,
>
>
>
> Attached please find a short paper for the upcoming call. It is intended
> to spur discussion on whether the trigger could be modified so long as
> adequate verification requirements were in place. The paper follows on from
> contributions to the discussions to date. This is the only proposed agenda
> item. Based on how the call goes, we can spend the last 10 minutes or so
> discussing next steps.  If anyone would like to add anything to the agenda
> please let me know. Thanks.
>
>
>
> Best,
>
> Jamie
>
>
>
> Jamie Hedlund
>
> VP, Strategic Programs
>
> Global Domains Division
>
> ICANN
>
> +1.202.374.3969 (m)
>
> +1.202.570.7125 (d)
>
> jamie.hedlund at icann.org
>
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>
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